[R.O. 2016 § 131.010; R.O. 2011 § 131.010; Ord. No. 217 § 1, 6-7-2006]
The purpose of this Chapter is to establish rules and procedures
governing the procurement of materials, supplies, equipment and services
for the City and to maintain a high ethical standard for all officers
and employees of the City in connection therewith.
[R.O. 2016 § 131.020; R.O. 2011 § 131.020; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 1, 7-20-2011; Ord. No. 481 § 8, 3-2-2016; Ord. No. 24-07, 5-1-2024]
A.
The Mayor shall act as the Purchasing Agent. The Purchasing Agent
shall, in accordance with and subject to the rules, regulations and
procedures in this Chapter and all applicable laws and ordinances:
1.
Direct, supervise and be responsible for the procurement and
acquisition of all materials, supplies and equipment, all contractual
services and all insurance required by the City;
2.
Verify that all vendors and contractors of the City have the
appropriate insurance coverage;
3.
Sell or dispose of all obsolete or unusable personal property
of the City under five thousand dollars ($5,000.00) depreciated value.
A list shall be presented to the Board of Aldermen of all obsolete
or unusable personal property of the City whose original value was
greater than two hundred fifty dollars ($250.00);
4.
Forward all purchases and contracts over five thousand dollars
($5,000.00) to the Board of Aldermen for final approval.
[R.O. 2016 § 131.025; R.O. 2011 § 131.025; Ord. No. 338 § 2, 7-20-2011]
A.
The following shall be guidelines in determining the lowest and best
bidder and shall be included in all bid packages:
1.
The ability, capacity and skill of the bidder to perform the
contract or provide the services required.
2.
Whether the bidder can perform the contract or provide the services
promptly or within the time specified without delay or interference.
3.
The character, integrity, responsibility, judgment, experience
and efficiency of the bidder.
4.
Whether the bidder is in default on the payment of taxes, licenses
or other monies due to the City, County or State, and this factor
alone shall justify disqualification.
5.
The quality and performance of previous contracts or services.
6.
The previous and existing compliance by the bidder with laws,
the provisions of this Code and other City ordinances relating to
the contract services.
7.
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service.
8.
The quality, availability and adaptability of the supplies or
contractual services to the particular use required.
9.
The ability of the bidder to provide, where applicable, future
service and maintenance of equipment which is the subject of the contract.
10.
The number and scope of conditions attached to the bid.
11.
Performance and payment bonds are part of bid and provided for
unless specifically excluded by the Board.
[R.O. 2016 § 131.030; R.O. 2011 § 131.030; Ord. No. 217 § 1, 6-7-2006; Ord. No. 416 § 1, 1-22-2014; Ord. No. 481 § 9, 3-2-2016; Ord. No. 24-07, 5-1-2024]
Purchases of less than five thousand dollars ($5,000.00) may
be authorized by the Purchasing Agent, and the Board of Aldermen shall
be notified of each purchase in excess of two hundred fifty dollars
($250.00). Purchasing should follow best practices in ensuring competitive
pricing.
[R.O. 2016 § 131.040; R.O. 2011 § 131.040; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 3, 7-20-2011; Ord. No. 416 § 1, 1-22-2014]
A.
For purchases from five thousand dollars ($5,000.00) to ten thousand
dollars ($10,000.00), the Purchasing Agent, or his or her designee,
shall solicit at least three (3) quotes for the item or items which
may be solicited and returned either online and/or by hard copy.
[Ord. No. 481 § 10, 3-2-2016; Ord.
No. 24-07, 5-1-2024]
B.
For purchases greater than five thousand dollars ($5,000.00), bids
and recommendations will be submitted to the Board of Aldermen.
[R.O. 2016 § 131.050; R.O. 2011 § 131.050; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 2, 7-20-2011; Ord. No. 481 § 11, 3-2-2011; Ord. No. 17-09 § 1, 3-1-2017]
A.
Whenever any contemplated purchase or contract for services is reasonably
anticipated to cost more than ten thousand dollars ($10,000.00), the
Purchasing Agent shall cause to be published on the Twin Oaks website
and in an issue of the St. Louis Edition of The Countian, or other
newspaper, a notice inviting sealed bids. The notice shall include
a general description of the articles to be purchased or the scope
of services to be performed and the time and place for opening of
sealed bids. At the direction of the Purchasing Agent a pre-bid meeting
may be held for the purposes of explaining and answering questions
with respect to the scope of the project. In addition, when practicable,
the notice shall be sent to at least three (3) responsible prospective
suppliers of the item to be purchased or services to be performed.
Bid packets will be available in hard copy at the City office and/or
electronically until the date set for the receipt of the bids. Inadvertent
omission by the City of any of the steps set forth herein shall not
invalidate the bidding process.
[Ord. No. 24-07, 5-1-2024]
B.
Sealed bids shall be received at the City office and shall be identified
as bids on the envelope. The bids shall be opened in public at the
time and place stated in the invitation to bid before at least two
(2) City witnesses; and after the opening, the Purchasing Agent shall
tabulate all bids received and shall file a written report of the
bids with the Board of Aldermen together with his/her written recommendations
as to whom the City should award the contract.
[Ord. No. 24-07, 5-1-2024]
C.
When deemed necessary by the Purchasing Agent, bid deposits shall
be prescribed in inviting bids. A successful bidder shall forfeit
any surety required by the City upon failure on the bidder's part
to enter into a contract within ten (10) days after the award, and
the invitation to bid shall so state. An unsuccessful bidder shall
be entitled to return of his/her surety.
[Ord. No. 24-07, 5-1-2024]
D.
All bid documents will include an insurance clause as follows:
1.
All bids shall include and cover the cost of workers' compensation insurance for all employees of the bidder and for all employees of all subcontractors. It is agreed that the successful contractor shall furnish the City with a certificate of insurance from an insurance company with a Best's rating of at least B+/VII, or greater if required by the Board of Aldermen, indicating statutory workers' compensation coverage and the minimum coverage amounts stated in Subsection (D)(2) of this Section. The policy of insurance shall have endorsed on it a requirement of at least thirty (30) days' written notice mailed to the City indicating any cancellation or material change in coverage. The Board of Aldermen may increase or decrease the minimum coverage amounts on a per-project basis.
2.
Minimum Coverage Amounts.
a.
General Liability.
(1)
General aggregate: one million dollars ($1,000,000.00).
(2)
Product, completed operations aggregate: one million
dollars ($1,000,000.00).
(3)
Personal injury: one million dollars ($1,000,000.00).
(4)
Each occurrence: one million dollars ($1,000,000.00).
(5)
Fire legal liability damage: one hundred thousand
dollars ($100,000.00).
(6)
Medical expense: ten thousand dollars ($10,000.00).
b.
Automobile combined single limit: one million dollars ($1,000,000.00).
3.
City To Be Held Harmless.
a.
The contractor shall indemnify and hold harmless the municipality
and its elected and appointed officials and employees from and against
all claims, damages, losses and expenses, including attorneys' fees
arising out of or resulting from the performance of the work, provided
that any such claim, damage, loss or expenses:
(1)
Attributable to bodily injury, sickness, disease
or death or to injury to or destruction of tangible property, other
than the work itself, including the loss of use resulting therefrom;
and
(2)
Caused in whole or in part by any negligent act
or commission of the contractor, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any
of them may be liable regardless of whether or not it is caused in
part by a party indemnified under this Chapter.
b.
In any and all claims against any municipality or any of its
agents or employees by any employee of the contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligation
under this Subsection shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits by or for
the contractor or any subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
E.
Upon Board approval, the Purchasing Agent shall award the contract
to the lowest responsible bidder, but the Board of Aldermen reserves
the right to reject any and all bids.
[Ord. No. 24-07, 5-1-2024]
[R.O. 2016 § 131.060; R.O. 2011 § 131.060; Ord. No. 217 § 1, 6-7-2006; Ord. No. 338 § 4, 7-20-2011]
A.
Single-Source Purchases. In the event there is only one (1) acceptable
vendor capable of furnishing a particular service or commodity, the
Purchasing Agent may be authorized to procure such service or commodity
without bidding. The Purchasing Agent shall document the particular
facts which make the item a single-source purchase. Such purchase
must have Board of Aldermen approval if greater than five thousand
dollars ($5,000.00).
[Ord. No. 24-07, 5-1-2024]
B.
Emergency Purchases. Where an emergency situation requires immediate
purchase of supplies or services and time is of the essence, the Purchasing
Agent is authorized to procure the supplies or services needed without
following the bidding procedures. The Board of Aldermen will be notified
at its next regular meeting.
[Ord. No. 481 § 12, 3-2-2016; Ord.
No. 24-07, 5-1-2024]
C.
Situations Calling For Competitive Negotiations. Where it can be
demonstrated that the City receives the best value on a purchase through
informal discussion and bargaining rather than through the conventional
bidding process, the Purchasing Agent need not follow the conventional
bidding process exclusively. Such purchases shall be documented by
the Purchasing Agent and given prior approval by the Board of Aldermen.
Examples would include, but not be limited to, circumstances where
time is a crucial factor, when the procurement involves high-technology
items or when there is obvious inherent economy in purchasing from
a particular vendor.
[Ord. No. 24-07, 5-1-2024]
D.
Cooperative Purchasing. The purchasing procedures established shall
not apply to purchases made by, through or with the Division of Procurement
of St. Louis County or any other governmental agency or unit with
whom the City is permitted to engage in cooperative purchasing. The
Purchasing Agent has the authority to join with any other governmental
unit, including U.S. Communities, Government Purchasing Alliance,
in cooperative purchasing when the best interests of the City shall
be served by such cooperative purchasing.
[Ord. No. 481 § 12, 3-2-2016; Ord.
No. 24-07, 5-1-2024]
E.
Professional Services And Real Estate. Specifically excluded from
the provisions of the City's purchasing policy is the procurement
of real estate and professional services with the Board's approval.
[R.O. 2016 § 131.070; R.O. 2011 § 131.070; Ord. No. 217 § 1, 6-7-2006]
Except in cases where they are not as restrictive as the City's
purchasing regulations, applicable State and Federal laws shall supersede
any regulations of the City of Twin Oaks concerning purchasing.
[R.O. 2016 § 131.080; R.O. 2011 § 131.080; Ord. No. 217 § 1, 6-7-2006]
No contract or purchase shall be subdivided to avoid the requirements
of the City's purchasing policy.
[R.O. 2016 § 131.090; R.O. 2011 § 131.090; Ord. No. 217 § 1, 6-7-2006; Ord. No. 24-07, 5-1-2024]
Whenever possible in the purchasing of goods, supplies and services
for use by the City of Twin Oaks, Missouri, the Purchasing Agent is
encouraged and urged, to the greatest extent possible, to purchase
such goods, supplies and services from businesses located within the
boundaries of the City of Twin Oaks, Missouri, as long as the costs
of said items are within ten percent (10%) of the prices for these
same items offered elsewhere.
[R.O. 2016 § 131.100; Ord. No.
395 § 1, 5-15-2013]
A.
Purpose. To allow personnel to purchase goods and services directly
from vendors when those items are needed, but it is not expedient,
practical, or desirable to have either a check or cash available when
payment is demanded.
B.
Issuance And Policy. The City Office may utilize only one (1) credit
card which must be a bank credit card, such as MasterCard or VISA.
No vendor cards shall be authorized. The Mayor of the Board must authorize
and sign the application for the credit card. The City Clerk may authorize
use of cards within the City Office. All employees issued a credit
card must sign an acknowledgement form recognizing their responsibility
to comply with the City's policy regarding credit cards.
C.
Credit Limit. The appropriate credit limit for such card will be
established by the Board of Aldermen by written policy. If a temporary
increase is needed, the purchase must be authorized by the Mayor or
the Board.
D.
Use Of Credit Card. The use of this card is restricted to use for
the benefit of the City of Twin Oaks to acquire goods and services
which are appropriate for the conduct of the City business. No personal
expenditures are allowed by employees with the credit cards, even
if the intent is to repay the City at a future point.
E.
Receipts. Credit card receipts must be submitted to the Purchasing
Agent or his/her designee and must include supporting documentation,
which clearly show what goods and services were purchased using the
credit card.
[Ord. No. 481 § 13, 3-2-2016; Ord.
No. 24-07, 5-1-2024]
[R.O. 2016 § 131.110; Ord. No.
482 § 1, 3-2-2016]
A.
ALTERNATIVE CONSTRUCTION DELIVERY METHOD
DESIGN PROFESSIONAL CONTRACT
DESIGN-BUILD CONTRACT
QUALIFICATION-BASED SELECTION PROCESS
REQUEST FOR PROPOSALS
STATEMENT OF QUALIFICATIONS
Definitions. For the purposes of this Section 145.120, certain terms and words are hereby defined as follows:
Any project delivery method, other than a design-bid-build
process, utilized to construct, reconstruct, improve, enlarge, alter,
paint and decorate or make major repairs to any fixed work, the performance
of which requires the payment of prevailing wage pursuant to State
or Federal law, including design-build or any other alternative procurement
method authorized by law.
A contract for architectural, engineering or land surveying
services relating to the design or construction of buildings, bridges,
streets, sewers, viaducts, water mains or any structure or public
improvement of any nature whatsoever to be erected upon lands belonging
to the City, excluding those contracts in which the design professional
services are provided pursuant to a design-build contract.
A contract in which the design professional and construction
services are contracted by a single entity known as the "design-builder,"
"design-build contractor" or a variant thereof, and which single entity
is responsible for all of the work on the project.
A solicitation process that includes consideration of the
qualifications of anyone responding to a solicitation as the determinative
criteria for selection.
A written invitation by the City for persons to submit an
offer subject to subsequent negotiations with the City and subject
to subsequent additions, deletions, modifications to the request for
proposal specifications or any subsequent contract.
A statement submitted by a prospective contractor detailing
a prospective contractor's experience, financial capacity, key personnel,
and other information pertinent to a particular project.
B.
Prerequisite Criteria. In selecting an alternative construction delivery
method and awarding a contract, the City shall consider the following
factors:
1.
The needs of the City;
2.
Time requirements for the project and potential time-saving
strategies;
3.
The complexity of the project;
4.
Estimated project costs;
5.
Cost savings to the City;
6.
Private investment and financial contributions that could be
leveraged to complete the project;
7.
The likelihood that the use of an alternative procurement method
will diminish competition for City contracts; and
8.
Any other factor found to be in the City's best interest.
C.
Factors In Determining To Whom To Award A Contract.
1.
The City shall consider the following factors:
a.
The cost submitted or proposed by the contractor;
b.
The reputation of the contractor;
c.
The quality of the contractor's goods or services;
d.
Previous relevant experience and technical capabilities of the
contractor;
e.
The extent to which the contractor's goods or services meet
the City's needs;
f.
The contractor's past relationship with the City;
g.
Any private investment or contribution, financial or otherwise,
proposed by the contractor to complete the project; and
h.
Any other relevant factor specifically listed in the solicitation
of bids or request for proposals.
2.
If the contract is awarded by a party other than the City pursuant
to a cooperative agreement between that party and the City, the party
awarding the contract shall consider, at a minimum, the same factors
listed in this Subsection.
D.
Design Professional Contracts.
1.
A selection shall be made based on the qualification-based selection
process. A qualification-based selection shall be made based upon
the statement of qualifications that was required to be submitted
and any supplement thereto as requested by the City.
2.
The process for making the qualification-based selection shall
be used when it is determined that the estimated dollar value of the
design professional contract is over fifty thousand dollars ($50,000.00)
or when the Board of Aldermen otherwise determines it will use this
process; provided, however, that the failure to utilize the applicable
process shall not invalidate any public improvement procurement or
any contract.
3.
The City may convene a selection committee, which committee
shall rank the firms from most to least qualified and then submit
this list as a recommendation to the Board of Aldermen for consideration.
The committee shall be comprised of at least three (3) and no more
than five (5) persons which may include the City Mayor, City Clerk
and the architect and/or engineer acting as the City's consultant
on the project.
4.
The Board of Aldermen or its designee shall thereafter negotiate
a contract for the project with the firm selected as most qualified.
If the City is unable to negotiate a satisfactory contract with the
firm selected, negotiations with that firm shall be terminated. The
City shall then undertake negotiations with another of the qualified
firms selected. If there is no agreement with the second firm, negotiations
with such firm shall be terminated. The City shall then undertake
negotiations with the third qualified firm. If the City is unable
to negotiate a contract with any of the selected firms, the City shall
reevaluate the necessary architectural, engineering or land surveying
services, including the scope and reasonable fee requirements, and
again conduct a qualification-based selection process. Notwithstanding
the foregoing, nothing herein shall obligate the City to undertake
any negotiations if the City shall have determined to terminate the
solicitation for any or no reason.
E.
Design-Build Contracts.
1.
A selection shall be made based on the qualification -based
selection process. A qualification-based selection shall be made based
upon the statement of qualifications that was required to be submitted.
2.
The process for making the qualification-based selection shall
be used when the Board determines that the estimated dollar value
of the design-build contract is over fifty thousand dollars ($50,000.00)
or when the Board of Aldermen otherwise determines it will use this
process; provided, however, that the failure to utilize the applicable
process shall not invalidate any public improvement procurement or
any contract.
3.
The City may convene a selection committee, which committee
shall rank the firms from most to least qualified and then submit
this list as a recommendation to the Board of Aldermen for consideration.
The committee shall be comprised of at least three (3) and no more
than five (5) persons which may include the City Mayor, City Clerk
and the architect and/or engineer acting as the City's consultant
on the project.
4.
The Board of Aldermen or its designee shall thereafter negotiate
a contract for the project with the firm selected as most qualified.
If the City is unable to negotiate a satisfactory contract with the
firm selected, negotiations with that firm shall be terminated. The
City shall then undertake negotiations with another of the qualified
firms selected. If there is no agreement with the second firm, negotiations
with such firm shall be terminated. The City shall then undertake
negotiations with the third qualified firm. If the City is unable
to negotiate a contract with any of the selected firms, the City shall
reevaluate the scope of the project and again conduct a qualification-based
selection process. Notwithstanding the foregoing, nothing herein shall
obligate the City to undertake any negotiations if the City shall
have determined to terminate the solicitation for any or no reason.
F.
Nothing herein shall require the City to seek qualifications for design professional contracts. The Board of Aldermen may contract for design professional services with a single design professional based on prior work history with the City or other similar reasons as provided in Section 145.070(E).
